Case 2:15-cv-00215-JG-GRB Document 1 Filed 01/14/15 Page 1 of 21 PageID #: 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
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`ANDREA ELECTRONICS
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`CORPORATION,
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`____________________________________ )
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`Civil Action No. 2:15-cv-215
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`COMPLAINT
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`JURY TRIAL DEMANDED
`
`Plaintiff,
`
`v.
`
`
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`
`
`REALTEK SEMICONDUCTOR CORP.,
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`Defendant.
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`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Andrea Electronics Corporation (“Andrea”), by and through its counsel, Pepper
`
`Hamilton LLP, for its Complaint against defendant Realtek Semiconductor Corp. (“Realtek” or
`
`“Defendant”), alleges as follows:
`
`NATURE OF ACTION
`
`1.
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`This is an action for patent infringement under the patent laws of the United
`
`States, 35 U.S.C. §§ 271, et seq., to enjoin infringement and obtain damages resulting from
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`Defendant’s unauthorized and ongoing actions, in the state of New York and elsewhere, of
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`making, having made, using, selling, having sold, offering to sell, and/or importing or having
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`imported into the United States, certain audio codec chips and/or audio processing software that
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`infringe one or more claims in Andrea’s U.S. Patent No. 5,825,898 (the “’898 Patent”), U.S.
`
`Patent No. 6,049,607 (the “’607 Patent”), U.S. Patent No. 6,363,345 (the “’345 Patent”), U.S.
`
`Patent No. 6,377,637 (the “’637 Patent”), and U.S. Patent No. 6,483,923 (the “’923 Patent”)
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`(collectively, the “Asserted Patents”).
`
`2.
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`This is an action for indirect infringement. Upon information and belief,
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`Defendant induces or contributes to the direct infringement of, either literally or under the
`
`doctrine of equivalents, one or more claims of the ’898, ’607, ’345, ’637, and ’923 Patents.
`
`3.
`
`Upon information and belief, Defendant makes, has made, uses, sells, offers to
`
`sell, and/or imports or has imported into the United States certain audio codec chips and/or audio
`
`processing software that indirectly infringe each of the Asserted Patents, either literally or under
`
`the doctrine of equivalents.
`
`THE PARTIES
`
`4.
`
`Plaintiff Andrea is a corporation organized and existing under the laws of the state
`
`of New York with its principal place of business at 65 Orville Drive, Suite One, Bohemia, New
`
`York 11716.
`
`5.
`
`Upon information and belief, Realtek Semiconductor Corp. is a corporation
`
`organized and existing under the laws of Taiwan, with its principal place of business located at
`
`No.2, Innovation Road II, Hinchu Science Park, Hsinchu 300, Taiwan. Realtek Semiconductor
`
`Corp. may be served through its registered agent for service of process, Chunye Kuang, at 4790
`
`Irvine Blvd, Ste 105-170, Irvine, CA 92620.
`
`JURISDICTION AND VENUE
`
`6.
`
`Upon information and belief, Defendant is subject to personal jurisdiction in the
`
`Eastern District of New York because it regularly transacts business in this judicial district by,
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`among other things, offering and advertising products to customers, business affiliates, and/or
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`partners located in this judicial district. In addition, Defendant has committed acts of indirect
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`infringement of one or more claims of each of the Asserted Patents in this judicial district.
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`Defendant induces others to infringe the Asserted Patents within the Eastern District of New
`
`York by, for example, providing advertising material and contributing to the infringement of the
`
`Asserted Patents by selling components necessary for infringement and without substantial non-
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`infringing use within the Eastern District of New York.
`
`7.
`
`Venue is proper in the Eastern District of New York under 28 U.S.C. §§ 1391(b)
`
`and (c) as well as 28 U.S.C. § 1400(b) because Defendant is subject to personal jurisdiction in
`
`this district and has committed acts of indirect infringement in this district. Additionally,
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`Plaintiff’s principal place of business is located in this judicial district.
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`BACKGROUND AND FACTS RELATED TO THIS ACTION
`
`8.
`
`Andrea is a leading industry developer of product solutions which optimize the
`
`performance of voice user interfaces and has a decorated history deeply rooted in the state of
`
`New York. Its technology has been applied to products related to, among other things, voice
`
`over internet protocol (“VoIP”) telephone, VoIP teleconferencing, video conferencing, speech
`
`recognition, computer gaming, in-car computing, and 3D audio recording.
`
`9.
`
`The leadership of Andrea has spanned three familial generations over 80 years,
`
`and the company has been headquartered in the Long Island community since 1934. Andrea’s
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`products are featured in the Henry Ford Museum and Smithsonian National Museum of
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`American History.
`
`10.
`
`In the early 1900s, Frank Andrea, an Italian immigrant, started his business
`
`career. He began as an electroplater for I.P. Frink manufacturing company and studied at night
`
`as a tool maker and machinist at the Mechanics Institute in New York City. In 1913 he joined
`
`the Frederick Pierce Company and, after the outbreak of World War I, worked to design tools to
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`manufacture parts for a new aircraft radio receiver that he had built. Mr. Andrea soon thereafter
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`started his own company, FADA.
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`11.
`
`As founder of FADA, Mr. Andrea employed his family members, including his
`
`16 year-old brother, John. FADA picked up momentum when Mr. Andrea convinced Marconi,
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`the predecessor of RCA, to place an order for radio parts. FADA began manufacturing parts for
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`crystal sets and “Do It Yourself” kits. FADA also soon began manufacturing parts such as
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`sockets and rheostats for tube type radios.
`
`12.
`
`After selling his controlling interest in FADA, Mr. Andrea founded the Andrea
`
`Radio Corporation (“Andrea Radio”). Andrea Radio’s offerings evolved over time. In 1939,
`
`Andrea Radio developed and produced one of the first television sets, which was displayed at the
`
`World’s Fair in Queens, New York. Andrea Radio sold TV kits and the first television console
`
`models that also housed a radio and phonograph. In 1954, Andrea Radio began developing a
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`color television and introduced a set in 1957.
`
`13.
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`During the Second World War, the firm engaged in the production of military
`
`electronics. In 1942, Andrea Radio was presented with the prestigious high honors Navy E
`
`Award for manufacturing excellence and providing military audio communications equipment.
`
`In the early 1960s, Andrea Radio developed and produced several types of high reliability
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`intercommunication systems for installation in various military and commercial aircraft. Indeed,
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`Andrea Radio produced the audio intercom system for Project Mercury’s first manned
`
`spacecraft.
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`14. Mr. Andrea passed away in 1965, leaving his son, Frank Jr., to continue the
`
`Andrea business.
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`15.
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`In the 1970s and 1980s, Andrea Radio became a premier supplier of high
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`performance avionic intercom equipment for defense industry manufacturers like Bell
`
`Helicopter, Boeing, Sikorsky, and Lockheed, prompting Andrea Radio to change its name to
`
`Andrea Electronics Corporation. Andrea produced microphone audio pre-amplifiers for Navy
`
`aviators’ oxygen mask helmet systems. The experience gained from producing audio intercom
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`systems for high noise environments paved the way for Andrea’s emphasis on active noise
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`cancellation.
`
`16.
`
`Product development continued in the 1990s with Andrea producing the first
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`Active Noise Canceling (“ANC”) boom microphone computer headset for deployment with
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`computer speech recognition. Andrea shipped millions of headsets and microphone products to
`
`software OEMs. In 1998, Andrea developed and produced the first digital array microphone for
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`commercial use, providing hands-free voice command and control functionality. In 1999,
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`Andrea developed and produced the first USB headset as well as the first desktop digital array
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`microphone.
`
`17.
`
`In the 2000s, Andrea broadened the application of its product offerings. In 2001,
`
`it developed and produced digital noise canceling array microphones for speech control systems
`
`in police cruisers. In 2002, Andrea revolutionized PC audio input by introducing the first stereo
`
`array microphone interface for integrated audio coder/decoders (“CODECs”). By the late 2000s,
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`Andrea had shipped over one million SuperBeam stereo array microphones, and millions of
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`DSDA stereo array microphone and EchoStop speakerphone products.
`
`18.
`
`Andrea has continued its innovation and offers microphone and earphone
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`technologies designed to enhance sound quality. Andrea, now led by Frank Andrea’s grandson,
`
`Douglas Andrea, successfully transformed itself from a manufacturer of industrial and military
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`intercommunication systems into a creator of cutting-edge audio technologies. Andrea
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`incorporates its new patented technologies to enable natural language interfaces and enhance the
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`performance of voice-related applications. Today, Andrea offers a variety of products
`
`incorporating its technologies such as headsets and headphones, microphones, software
`
`algorithms, USB audio solutions and related accessories. Since its inception, Andrea has gone
`
`through a remarkable evolution as an audio technology leader, meeting the ever-changing needs
`
`of a demanding audio communications marketplace.
`
`COUNT I
`
`(Infringement of the ’898 Patent)
`
`19.
`
`20.
`
`Paragraphs 1 through 18 are incorporated by reference as if fully restated herein.
`
`On October 20, 1998, United States Patent No. 5,825,898 (the “’898 Patent”) was
`
`duly and legally issued for “System and Method for Adaptive Interference Cancelling.” The
`
`’898 Patent is in full force and effect. A true and correct copy of the ’898 Patent is attached
`
`hereto as Exhibit A and made part hereof.
`
`21.
`
`Andrea is the owner of all right, title, and interest in and to the ’898 Patent, with
`
`the exclusive right to enforce the ’898 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`22.
`
`The ’898 Patent generally relates to signal processing. Specifically, the ’898
`
`Patent discloses an adaptive signal processing system and method for reducing interference in a
`
`received signal.
`
`23.
`
`Upon information and belief, Defendant has indirectly infringed the ’898 Patent
`
`by inducing and contributing to the infringement of at least one claim of the ’898 Patent.
`
`24.
`
`Defendant has been aware of the ’898 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally, Defendant had constructive
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`notice of the ’898 patent prior to the filing of this Complaint by virtue of Andrea’s marking
`
`practice, as set forth in Count VI below.
`
`25.
`
`Despite Defendant’s awareness of the ’898 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’898 Patent by selling audio codec chips
`
`and/or audio processing software which induce the direct infringement of at least one of the
`
`claims of ’898 Patent by Defendant’s customers and/or users. For example, Defendant provides
`
`audio codec chips and/or audio processing software to consumer electronics manufacturers for
`
`incorporation into products such as laptops, desktops, notebooks, laptops, all-in-ones,
`
`Chromebooks, and computer tablets. Once incorporated, these products provide a beam forming
`
`functionality that directly infringes at least one claim of the ’898 Patent. By providing and
`
`continuing to provide these audio codecs and/or audio processing software, Defendant has
`
`induced and is actively inducing infringement of at least one claim of the ’898 patent.
`
`26.
`
`Further, Defendant also induces the direct infringement of at least one of the
`
`claims of the ’898 Patent by providing and continuing to provide promotional materials
`
`advertising the audio processing functionalities described and claimed in the ’898 Patent. For
`
`example, Defendant has advertised and continues to advertise that beam forming is a software
`
`feature supported by their audio codec chips. See, e.g., Exhibit F
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=27&Level=5&Conn=
`
`4&ProdID=166), Exhibit G
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=37&Level=5&Conn=
`
`4&ProdID=144), and Exhibit H
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=28&Level=5&Conn=
`
`4&ProdID=42). Upon information and belief, Defendant’s audio codec chips and/or audio
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`7
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`processing software reduce or eliminate interference in a received signal in a manner that
`
`infringes the ’898 Patent. At least by advertising such functionality, Defendant has induced and
`
`is actively inducing use of that function and infringement of at least one claim of Andrea’s ’898
`
`Patent.
`
`27.
`
`Further, upon information and belief, Defendant has also indirectly infringed the
`
`’898 Patent by contributing to the infringement of at least one claim of the ’898 Patent.
`
`28.
`
`Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software are made solely for the purpose of reducing or eliminating interference from
`
`voice and/or other audio signals in a manner that infringes at least one claim of the ’898 Patent.
`
`Further, these audio codec chips and/or audio processing software are especially made and/or
`
`especially adapted for use in the infringement of Andrea’s ’898 Patent, are not a staple
`
`commodity of commerce, and are not suitable for substantial non-infringing use. By selling
`
`these audio codec chips and/or audio processing software, Defendant has contributed to the
`
`infringement of the ’898 Patent by users and/or consumers of said audio codec chips and/or
`
`audio processing software.
`
`29.
`
`As a result of Defendant’s infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`30.
`
`Upon information and belief, Defendant will continue its infringement of the ’898
`
`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
`
`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT II
`
`(Infringement of the ’607 Patent)
`
`31.
`
`Paragraphs 1 through 30 are incorporated by reference as if fully restated herein.
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`32.
`
`On April 11, 2000, United States Patent No. 6,049,607 (the “’607 Patent”) was
`
`duly and legally issued for “Interference Canceling Method and Apparatus.” The ’607 Patent is
`
`in full force and effect. A true and correct copy of the ’607 Patent is attached hereto as Exhibit B
`
`and made part hereof.
`
`33.
`
`Andrea is the owner of all right, title, and interest in and to the ’607 Patent, with
`
`the exclusive right to enforce the ’607 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`34.
`
`The ’607 Patent generally relates to an interference canceling method and
`
`apparatus. For instance, the ’607 Patent discloses an echo canceling method and apparatus
`
`which provides echo-canceling in full duplex communication.
`
`35.
`
`Upon information and belief, Defendant has indirectly infringed the ’607 Patent
`
`by inducing and contributing to the infringement of at least one claim of the ’607 Patent.
`
`36.
`
`Defendant has been aware of the ’607 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendant had constructive
`
`notice of the ’607 patent prior to the filing of this Complaint by virtue of Andrea’s marking
`
`practice, as set forth in Count VI below.
`
`37.
`
`Despite Defendant’s awareness of the ’607 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’607 Patent by selling audio codec chips
`
`and/or audio processing software which induce the direct infringement of at least one of the
`
`claims of the ’607 Patent by Defendant’s customers and/or users. For example, Defendant
`
`provides audio codec chips and/or audio processing software to consumer electronics
`
`manufacturers for incorporation into products such as desktops, notebooks, laptops, all-in-ones,
`
`Chromebooks, and computer tablets. Once incorporated, these products provide an echo
`
`9
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`cancellation functionality that directly infringes at least one claim of the ’607 Patent. By
`
`providing and continuing to provide these audio codecs and/or audio processing software,
`
`Defendant has induced and is actively inducing infringement of at least one claim of the ’607
`
`patent.
`
`38.
`
`Further, Defendant also induces the direct infringement of at least one of the
`
`claims of the ’607 Patent by providing and continuing to provide promotional materials
`
`advertising the audio processing functionalities described and claimed in the ’607 Patent. For
`
`example, Defendant has advertised and continues to advertise that acoustic echo cancellation is a
`
`software feature supported by their audio codec chips. See, e.g., Exhibit F
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=27&Level=5&Conn=
`
`4&ProdID=166), Exhibit G
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=37&Level=5&Conn=
`
`4&ProdID=144), and Exhibit H
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=28&Level=5&Conn=
`
`4&ProdID=42). Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software reduce or eliminate interference in a received signal in a manner that
`
`infringes the claims of the ’607 Patent. At least by advertising such functionality, Defendant has
`
`induced and is actively inducing use of that functionality and infringement of at least one claim
`
`of Andrea’s ’607 Patent.
`
`39.
`
`Further, upon information and belief, Defendant has also indirectly infringed the
`
`’607 Patent by contributing to the infringement of at least one claim of the ’607 Patent.
`
`40.
`
`Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software are made solely for the purpose of reducing or eliminating interference
`
`10
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`signals from voice and/or audio signals in a manner that infringes at least one claim of the ’607
`
`Patent. Further, these audio codec chips and/or audio processing software are especially made
`
`and/or especially adapted for use in the infringement of Andrea’s ’607 Patent, are not a staple
`
`commodity of commerce, and are not suitable for substantial non-infringing use. By selling
`
`these audio codec chips and/or audio processing software, Defendant has contributed to the
`
`infringement of the ’607 Patent by users and/or consumers of said audio codec chips and/or
`
`audio processing software.
`
`41.
`
`As a result of Defendant’s infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`42.
`
`Upon information and belief, Defendant will continue its infringement of the ’607
`
`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
`
`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT III
`
`(Infringement of the ’345 Patent)
`
`43.
`
`44.
`
`Paragraphs 1 through 42 are incorporated by reference as if fully restated herein.
`
`On March 26, 2002, United States Patent No. 6,363,345 (the “’345 Patent”) was
`
`duly and legally issued for “System, Method and Apparatus for Cancelling Noise.” The ’345
`
`Patent is in full force and effect. A true and correct copy of the ’345 Patent is attached hereto as
`
`Exhibit C and made part hereof.
`
`45.
`
`Andrea is the owner of all right, title, and interest in and to the ’345 Patent, with
`
`the exclusive right to enforce the ’345 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
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`11
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`46.
`
`47.
`
`The ’345 Patent generally relates to noise cancellation and reduction.
`
`Upon information and belief, Defendant has indirectly infringed the ’345 Patent
`
`by inducing and contributing to the infringement of at least one claim of the ’345 Patent.
`
`48.
`
`Defendant has been aware of the ’345 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendant had constructive
`
`notice of the ‘345 patent prior to the filing of this Complaint by virtue of Andrea’s marking
`
`practice, as set forth in Count VI below.
`
`49.
`
`Despite Defendant’s awareness of the ’345 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’345 Patent by selling audio codec chips
`
`and/or audio process software which induce the direct infringement of at least one of the claims
`
`of the ’345 Patent by Defendant’s customers and/or users. For example, Defendant provides
`
`audio codec chips and/or audio processing software to consumer electronics manufacturers for
`
`incorporation into products such as desktops, notebooks, laptops, all-in-ones, Chromebooks, and
`
`computer tablets. Once incorporated, these products provide a noise cancellation/suppression
`
`functionality that directly infringes at least one claim of the ’345 Patent. By providing and
`
`continuing to provide these audio codecs and/or audio processing software, Defendant has
`
`induced and is actively inducing infringement of at least one claim of the ’345 patent.
`
`50.
`
`Further, Defendant also induces the direct infringement of at least one of the
`
`claims of the ’345 Patent by providing and continuing to provide promotional materials
`
`advertising the audio processing functionalities described and claimed in the ’345 Patent. For
`
`example, Defendant has advertised and continues to advertise that noise suppression is a
`
`software feature supported by their audio codec chips. See, e.g., Exhibit F
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=27&Level=5&Conn=
`
`12
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`4&ProdID=166), Exhibit G
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=37&Level=5&Conn=
`
`4&ProdID=144), and Exhibit H
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=28&Level=5&Conn=
`
`4&ProdID=42). Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software reduce or eliminate noise in a voice or audio signal in a manner that
`
`infringes the claims of the ’345 Patent. At least by advertising such functionality, Defendant has
`
`induced and is actively inducing use of that functionality and infringement of at least one claim
`
`of Andrea’s ’345 Patent.
`
`51.
`
`Further, upon information and belief, Defendant has also indirectly infringed the
`
`’345 Patent by contributing to the infringement of at least one claim of the ’345 Patent.
`
`52.
`
`Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software are made solely for the purpose of reducing or eliminating noise from voice
`
`and/or other audio signals in a manner that infringes at least one claim of the ’345 Patent.
`
`Further, these audio codec chips and/or audio processing software are especially made and/or
`
`especially adapted for use in the infringement of Andrea’s ’345 Patent, are not a staple
`
`commodity of commerce, and are not suitable for substantial non-infringing use. By selling
`
`these audio codec chips and/or audio processing software, Defendant has contributed to the
`
`infringement of the ’345 Patent by users and/or consumers of said audio codec chips and/or
`
`audio processing software.
`
`53.
`
`As a result of Defendant’s infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`13
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`54.
`
`Upon information and belief, Defendant will continue its infringement of the ’345
`
`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
`
`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT IV
`
`(Infringement of the ’637 Patent)
`
`55.
`
`56.
`
`Paragraphs 1 through 54 are incorporated by reference as if fully restated herein.
`
`On April 23, 2002, United States Patent No. 6,377,637 (the “’637 Patent”) was
`
`duly and legally issued for “Sub-Band Exponential Smoothing Noise Canceling System.” The
`
`’637 Patent is in full force and effect. A true and correct copy of the ’637 Patent is attached
`
`hereto as Exhibit D and made part hereof.
`
`57.
`
`Andrea is the owner of all right, title, and interest in and to the ’637 Patent, with
`
`the exclusive right to enforce the ’637 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`58.
`
`The ’637 Patent generally relates to noise cancellation and reduction and, more
`
`specifically, to noise cancellation and reduction using sub-band processing and exponential
`
`smoothing.
`
`59.
`
`Upon information and belief, Defendant has indirectly infringed ’637 Patent by
`
`inducing and contributing to the infringement of at least one claim of the ’637 Patent.
`
`60.
`
`Defendant has been aware of the ’637 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally Defendant had constructive
`
`notice of the ’637 patent prior to the filing of this Complaint by virtue of Andrea’s marking
`
`practice, as set forth in Count VI below.
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`Case 2:15-cv-00215-JG-GRB Document 1 Filed 01/14/15 Page 15 of 21 PageID #: 15
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`61.
`
`Despite Defendant’s awareness of the ’637 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’637 Patent by selling audio codec chips
`
`and/or audio processing software which induce the direct infringement of at least one of the
`
`claims of the ’637 Patent by Defendant’s customers and/or users. For example, Defendant
`
`provides audio codec chips and/or audio processing software to consumer electronics
`
`manufacturers for incorporation into products such as desktops, notebooks, laptops, all-in-ones,
`
`Chromebooks, and computer tablets. Once incorporated, these products provide a noise
`
`cancellation/suppression functionality that directly infringes at least one claim of the ’637 Patent.
`
`By providing and continuing to provide these audio codecs and/or audio processing software,
`
`Defendant has induced and is actively inducing infringement of at least one claim of the ’637
`
`patent.
`
`62.
`
`Further, Defendant also induces the direct infringement of at least one of the
`
`claims of the ’637 patent by providing and continuing to provide promotional materials
`
`advertising the audio processing functionalities described and claimed in the ’637 Patent. For
`
`example, Defendant has advertised and continues to advertise that noise suppression is a
`
`software feature supported by their audio codec chips. See, e.g., Exhibit F
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=27&Level=5&Conn=
`
`4&ProdID=166), Exhibit G
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=37&Level=5&Conn=
`
`4&ProdID=144), and Exhibit H
`
`(http://www.realtek.com.tw/products/productsView.aspx?Langid=1&PFid=28&Level=5&Conn=
`
`4&ProdID=42). Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software reduce or eliminate noise in a voice or audio signal in a manner that
`
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`Case 2:15-cv-00215-JG-GRB Document 1 Filed 01/14/15 Page 16 of 21 PageID #: 16
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`infringes the claims of the ’637 Patent. At least by advertising such functionality, Defendant has
`
`induced and is actively inducing the use of that functionality and infringement of at least one
`
`claim of Andrea’s ’637 Patent.
`
`63.
`
`Further, upon information and belief, Defendant has also indirectly infringed the
`
`’637 Patent by contributing to the infringement of at least one claim of the ’637 Patent.
`
`64.
`
`Upon information and belief, Defendant’s audio codec chips and/or audio
`
`processing software are made solely for the purpose of reducing or eliminating noise from voice
`
`and/or other audio signals in a manner that infringes at least one claim of the ’637 Patent.
`
`Further, these audio codec chips and/or audio processing software are especially made and/or
`
`especially adapted for use in the infringement of Andrea’s ’637 Patent, are not a staple
`
`commodity of commerce, and are not suitable for substantial non-infringing use. By selling
`
`audio codec chips and/or audio processing software, Defendant has contributed to the
`
`infringement of the ’637 Patent by users and/or consumers of said audio codec chips and/or
`
`audio processing software.
`
`65.
`
`As a result of Defendant’s infringing conduct, Andrea has suffered damages and
`
`will continue to suffer damages in an amount that, by law, cannot be less than a reasonable
`
`royalty, together with interest and costs as fixed by the Court under 35 U.S.C. § 284.
`
`66.
`
`Upon information and belief, Defendant will continue its infringement of the ’637
`
`Patent unless enjoined by the Court. Defendant’s infringing conduct has caused Andrea
`
`irreparable harm and will continue to cause such harm without the issuance of an injunction.
`
`COUNT V
`
`(Infringement of the ’923 Patent)
`
`67.
`
`Paragraphs 1 through 66 are incorporated by reference as if fully restated herein.
`
`16
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`Case 2:15-cv-00215-JG-GRB Document 1 Filed 01/14/15 Page 17 of 21 PageID #: 17
`
`68.
`
`On November 19, 2002, United States Patent No. 6,483,923 (the “’923 Patent”)
`
`was duly and legally issued for “System and Method for Adaptive Interference Cancelling.” The
`
`’923 Patent is in full force and effect. A true and correct copy of the ’923 Patent is attached
`
`hereto as Exhibit E and made part hereof.
`
`69.
`
`Andrea is the owner of all right, title, and interest in and to the ’923 Patent, with
`
`the exclusive right to enforce the ’923 Patent against infringers and the exclusive right to collect
`
`damages for all relevant times, including the right to prosecute this action.
`
`70.
`
`The ’923 Patent generally relates to signal processing. Specifically, the ’923
`
`Patent discloses an adaptive signal processing system and method for reducing interference in a
`
`received signal.
`
`71.
`
`Upon information and belief, Defendant has indirectly infringed the ’923 Patent
`
`by inducing and contributing to the infringement of at least one claim of the ’923 Patent.
`
`72.
`
`Defendant has been aware of the ’923 Patent and of Andrea’s allegations of
`
`infringement since at least the filing of this Complaint. Additionally, Defendant had constructive
`
`notice of the ’923 patent prior to the filing of this Complaint by virtue of Andrea’s marking
`
`practice, as set forth in Count VI below.
`
`73.
`
`Despite Defendant’s awareness of the ’923 Patent and Andrea’s allegations, it has
`
`knowingly and actively induced others to infringe the ’923 Patent by selling audio codec c